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South Dakota Public Utilities Commission Meeting
July 2, 2024, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Vice Chairman Gary Hanson called the meeting to order. Present were Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Joseph Rezac, Patrick Steffensen, and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.
Also present were Steve Kolbeck, Northern States Power Company dba Xcel Energy; Kara Semmler, South Dakota Telecommunications Association; David Smith, South Dakota Farmers Union; and John Schmidt.
Joining the meeting by telephone were Chairperson Kristie Fiegen; Jason Keil and Travis Powrie, Black Hills Energy; Kevin Abram, Fidelis Realty Partners; Patrick McCann, Midcontinent Communications; Brent Moeller, Missouri River Energy Services; Autumn Fjetland and Dawn Pittman, Northern States Power Company dba Xcel Energy; James Cremer, Bantz Gosch & Cremer LLC, representing Northern Valley Communications, LLC; Pamela Bonrud and Shannon Heim, NorthWestern Energy; James Moore, Woods, Fuller, Schultz & Smith P.C., representing Western Minnesota Municipal Power Agency.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, April 23, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc07022024.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on June 17, 2024 (Staff: Janeth Merriman)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on June 17, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 38 contacts since the last report was prepared for the June 17, 2024, Commission meeting.
Nine contacts were related to telecommunications services, nine contacts were related to electric services, two contacts were related to natural gas services, one contact was related to gas and electric service, three contacts were related to wireless telecommunications services, two contacts were related to the Do Not Call Registry, four contacts were related to carbon pipelines, two contacts were referred to South Dakota One Call, and six contacts were related to issues not regulated by the PUC.
617 of the 624 contacts received in 2024 have been resolved.
Telecommunications
1. TC24-010 In the Matter of the Filing for Approval of the First Amendment to the Interconnection Agreement between Midcontinent Communications and Northern Valley Communications, LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Logan Schaefbauer)
Mr. James Cremer, Bantz Gosch & Cremer LLC, representing Northern Valley Communications, LLC, and Mr. Patrick McCann, Midcontinent Communications, asked that the Commission approve the first amendment to the interconnection agreement between Midcontinent Communications and Northern Valley Communications, LLC. Mr. Logan Schaefbauer, staff attorney, recommended the Commission approve the request.
Commissioner Nelson moved to approve the first amendment to the interconnection agreement. Motion carried 3-0.
Electric
1. EL24-018 In the Matter of the Application of Northern States Power Company dba Xcel Energy for Approval of Advanced Metering Infrastructure Meter-Related Tariff Change (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
A lengthy discussion took place for docket EL24-018. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, July 2, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc07022024.mp3.
Commissioner Fiegen moved to approve the tariff changes with the removal of the overstrike on “at the office of the Company” with an effective date of July 3, 2024. Motion failed 1-2. Commissioner Hanson and Commissioner Nelson dissenting.
Commissioner Nelson moved to approve the tariff changes with an effective date of July 3, 2024. Motion carried 2-1. Commissioner Fiegen dissenting.
2. EL24-019 In the Matter of the Request by Rushmore Crossing Associates, LLC for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03(1) for the Rushmore Crossing Shopping Center in Rapid City (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
Mr. Kevin Abram, Fidelis Realty Partners, asked that the Commission defer to July 19 commission meeting. Mr. Jason Keil, Black Hills Energy, opposed the request to defer and requested the Commission deny the request for a Variance. Mr. Logan Schaefbauer, staff attorney, supported the request to defer.
Commissioner Nelson moved to defer the docket to the July 19, 2024, commission meeting. Motion carried 3-0.
3. EL24-021 In the Matter of the Filing by Western Minnesota Municipal Power Agency, through its agent Missouri River Energy Services, regarding Its Notification of Intent to Apply for a Permit for an Energy Conversion Facility (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Logan Schaefbauer, Amanda Reiss)
Ms. Amanda Reiss, staff attorney, summarized staff’s letter filed on June 27, 2024, that identified several options for an affected area and local review committee. Ms. Reiss recommended the Commission designate a 6-mile radius for the affected area. Mr. James Moore, representing Western Minnesota Municipal Power Agency, had no concerns with Staff’s recommendation. A lengthy discussion took place for docket EL24-021. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, July 2, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc07022024.mp3.
Commissioner Fiegen moved to designate the affected area as a 6-mile radius from the proposed project location and allow any incorporated municipality not within the designated affected area but within a 12-mile radius to opt in and participate on the committee by contacting PUC staff by July 12, 2024. Commissioner Fiegen further moved to designate a local review committee consisting of those persons identified in the staff’s listing for a 6-mile affected area. After discussion on the motion, Commissioner Fiegen removed her motion from the table.
Commissioner Hanson moved to designate the affected area as a 6-mile radius from the proposed project location and moved that the Commission designate a local review committee consisting of those persons identified in PUC staff’s June 27, 2024, letter for the 6-mile affected area. Motion carried 3-0.
Natural Gas
1. NG24-005 In the Matter of the Application of NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Authority to Increase Rates for Natural Gas Utility Service in South Dakota (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Joseph Rezac, Eric Paulson; Staff Attorneys: Logan Schaefbauer, Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission suspend the imposition of the tariff for 180 days beyond June 21, 2024; assess a filing fee for actual expenses not to exceed $250,000; and authorize the Executive Director to enter into necessary consulting contracts. Ms. Pamela Bonrud, NorthWestern Energy, supported the request.
Commissioner Nelson moved to suspend the imposition of the tariff for 180 days beyond June 21, 2024; assess a filing fee for actual expenses not to exceed $250,000; and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
Public Comment
Mr. John Schmidt made public comments about firearms, renewable energy, and global climate change.
There being no further business, at the hour of 10:36 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
July 2, 2024
